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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY B. BOYLE, K. BOYLE, D. COSTA, DALEY, DEASY, DePASQUALE, DiGIROLAMO, DONATUCCI, GOODMAN, JOHNSON, KORTZ, KULA, MAHONEY, MANN, MURPHY, MURT, PASHINSKI, STEPHENS, SWANGER AND YOUNGBLOOD, OCTOBER 14, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 14, 2011 |
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| AN ACT |
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1 | Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An |
2 | act providing for the forfeiture of the pensions of certain |
3 | public employees and authorizing the State or political |
4 | subdivision to garnish the pension benefits of certain public |
5 | officers and employees upon conviction of certain criminal |
6 | activity related to their office or position of employment," |
7 | further providing for definitions. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. The definition of "crimes related to public |
11 | office or public employment" in section 2 of the act of July 8, |
12 | 1978 (P.L.752, No.140), known as the Public Employee Pension |
13 | Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is |
14 | amended to read: |
15 | Section 2. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have, unless the context clearly indicates otherwise, the |
18 | meanings given to them in this section: |
19 | "Crimes related to public office or public employment." Any |
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1 | of the criminal offenses as set forth in the following |
2 | provisions of Title 18 (Crimes and Offenses) of the Pennsylvania |
3 | Consolidated Statutes or other enumerated statute when committed |
4 | by a public official or public employee through his public |
5 | office or position or when his public employment places him in a |
6 | position to commit the crime: |
7 | Any of the criminal offenses set forth in Subchapter B of |
8 | Chapter 31 (relating to definition of offenses) when the |
9 | criminal offense is committed by a school employee as defined in |
10 | 24 Pa.C.S. § 8102 (relating to definitions) against a student. |
11 | Section 3922 (relating to theft by deception) when the |
12 | criminal culpability reaches the level of a misdemeanor of the |
13 | first degree or higher. |
14 | Section 3923 (relating to theft by extortion) when the |
15 | criminal culpability reaches the level of a misdemeanor of the |
16 | first degree or higher. |
17 | Section 3926 (relating to theft of services) when the |
18 | criminal culpability reaches the level of a misdemeanor of the |
19 | first degree or higher. |
20 | Section 3927 (relating to theft by failure to make required |
21 | disposition of funds received) when the criminal culpability |
22 | reaches the level of a misdemeanor of the first degree or |
23 | higher. |
24 | Section 4101 (relating to forgery). |
25 | Section 4104 (relating to tampering with records or |
26 | identification). |
27 | Section 4113 (relating to misapplication of entrusted |
28 | property and property of government or financial institutions) |
29 | when the criminal culpability reaches the level of misdemeanor |
30 | of the second degree. |
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1 | Section 4701 (relating to bribery in official and political |
2 | matters). |
3 | Section 4702 (relating to threats and other improper |
4 | influence in official and political matters). |
5 | Section 4902 (relating to perjury). |
6 | Section 4903(a) (relating to false swearing). |
7 | Section 4904 (relating to unsworn falsification to |
8 | authorities). |
9 | Section 4906 (relating to false reports to law enforcement |
10 | authorities). |
11 | Section 4909 (relating to witness or informant taking bribe). |
12 | Section 4910 (relating to tampering with or fabricating |
13 | physical evidence). |
14 | Section 4911 (relating to tampering with public records or |
15 | information). |
16 | Section 4952 (relating to intimidation of witnesses or |
17 | victims). |
18 | Section 4953 (relating to retaliation against witness, victim |
19 | or party). |
20 | Section 5101 (relating to obstructing administration of law |
21 | or other governmental function). |
22 | Section 5301 (relating to official oppression). |
23 | Section 5302 (relating to speculating or wagering on official |
24 | action or information). |
25 | Any offense that requires registration under 42 Pa.C.S. § |
26 | 9795.1 (relating to registration). |
27 | Article III of the act of March 4, 1971 (P.L.6, No.2), known |
28 | as the "Tax Reform Code of 1971." |
29 | In addition to the foregoing specific crimes, the term also |
30 | includes all criminal offenses as set forth in Federal law |
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1 | substantially the same as the crimes enumerated herein. |
2 | * * * |
3 | Section 2. This act shall take effect immediately. |
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